Disposed

M/S Gangadhar Fishery Co-Op Society Ltd. v. the State of Assam and 2 Ors.

Gauhati HC6 Aug 2024WP(C)/3915/2024

Case brief

AI extract

What is this about?

Petitioner sought direction to suspend fresh tender and direct respondent to decide pending representation regarding extension of fishery settlement, citing losses from the pandemic due to lack of decision under the Assam Fishery Rules.

What did the court decide?

Directed respondent to decide pending representation by 22.08.2024; no NIT to be issued until decision taken.

M/S Gangadhar Fishery Co-Op Society Ltd. Vs… — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010154392024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3915/2024

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M/S GANGADHAR FISHERY CO-OP SOCIETY LTD A CO-OPERATIVE SOCIETY, REGISTERED UNDER THE ASSAM COOPERATIVE SOCIETIES ACT, 1949, HAVING ITS REGISTERED OFFICE AT GOLAKGANJ, DISTRICT- DHUBRI REPRESENTED BY ITS SECRETARY SRI LAL BAHADUR BISWAS, S/O- LT. SUDHIR CH. BISWAS, VILL- SOUTH RAIPUR, PART-III, P.O. AND P.S. GOLAKGANJ, DISTRICT- DHUBRI, ASSAM, PIN- 783334

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERIES DEPARTMENT, DISPUR, GUWAHATI6, DISTRICT- KAMRUP, ASSAM

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2:THE DEPUTY COMMISSIONER DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301

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3:THE CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 78333

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Advocate for the Petitioner : MS. A TALUKDAR, MS. J DEKA

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Advocate for the Respondent : GA, ASSAM, SC, FISHERY

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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07.08.2024

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Heard Mr. D. Choudhury, learned counsel for the petitioner as well as Mr. P. Sarma, learned counsel for the Fishery Department.

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The petitioner’s prayer in this writ petition is for a direction to be issued to the respondent authorities, not to issue any fresh NIT for settlement of Group No.6/92 Gangadhar Part-III & IV Fishery till the petitioner’s representation dated 14.06.2024 is decided by the respondent No.1.

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The petitioner’s counsel submits that the said fishery in question had been settled with the petitioner for 7 years under Rule 12 of the Assam Fishery Rules, 1953 (hereinafter referred to as ‘the 1953 Rules’), vide settlement order dated 24.08.2017, pursuant to NIT dated 17.12.2015. The fishery was handed over to the petitioner Society on 30.08.2017 and the regular settlement period of the fishery is to end on 29.08.2024.

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The petitioner’s counsel submits that the petitioner has submitted two representations to the respondent authorities on 29.04.2024 and 14.06.2024, for extension of the fishery for 2 years, in view of the fact that the petitioner Society suffered losses due to the Covid-19 Pandemic, which has been certified by the concerned Circle Officer.

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The petitioner’s counsel submits that no decision has been taken by the respondent authorities to the representations made by the petitioner. However, the respondents are now deciding to float a fresh tender for the fishery, without considering the petitioner’s representations under Rule 8(b) of the 1953 Rules. He

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Page No.# 3/3

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submits that the present writ petition can be disposed of, if a direction is issued to the respondent No.1, to decide the petitioner’s representation dated 14.06.2024 and till then, no NIT should be issued in respect of the fishery.

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Mr. P. Sarma, learned counsel for the respondent No.1 and Mr. K. Gogoi, learned counsel for the respondent No.2 submit that they have got no objection to the prayer made by the petitioner’s counsel, provided that no NIT has been issued by the State respondents in the meantime.

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I have heard the learned counsels for the parties.

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In view of the consent of the parties and the fact that the petitioner’s representation dated 14.06.2024 has not been decided by the respondent No.1 till date, the respondent No.1 is directed to take a decision on the petitioner’s representation dated 14.06.2024, on or before 22.08.2024 and communicate the decision taken to the petitioner immediately. Till a decision is taken by the respondent No.1, the State respondents shall not issue any NIT for settlement of Group No.6/92 Gangadhar Part-III & IV Fishery of Dhubri district. However, if an NIT has already been issued by the respondents, the said NIT will be kept in abeyance till a decision is taken by the respondent No.1 on the petitioner’s representation. The writ petitioner should submit a certified copy of this order along with the copy of the writ petition to the respondent No.1 by 09.08.2024.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

M/S Gangadhar Fishery Co-Op Society Ltd. v. the State of Assam and 2 Ors.

Case brief

What is this about?

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M/S Gangadhar Fishery Co-Op Society Ltd. v. the State of Assam and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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